BHAIYALAL Vs. SURESH KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant against the award dated 3rd May, 2001 passed by the Fourth Member Motor Accident Claims Tribunal, Vidisha, in Claim Case No. 52/99, whereby the learned claims Tribunal awarded Rs. 22,000.00 as compensation to the appellant and held that the respondents Nos. 3 and 4 are jointly and severally liable to pay the amount of compensation with interest @ 9% per annum from the date of filing the claim petition.

(2.) It is not in dispute that on 8th December,1997, the appellant was gravelling in the jeep bearing Registration No. M.P. 09/S-4669 owned by respondent No. 2-Mister Khan and the vehicle was driven by respondent No. 1-Suresh Kumar. The appellant and his friend Dharmendra Singh were going to Begum Ganj from Gayaraspur at about 2.15 p.m. on 8th Dec., 1997 when the said jeep reached in between the Village Bahadurpur and Earn, near the culvert (pulia), one tractor bearing Registration No. C.P.D. 9111 came and dashed the jeep. Due to the said accident, the appellant was grievously hurt. The jeep was insured by respondent No. 5-New India Insurance Company, and the tractor was insured by respondent No. 6-Oriental Insurance Company. An F.I.R. was lodged at police Station Rahatgarh vide Ext. P/1 by on Ramdas, who was also travelling in the said jeep. It was alleged that the tractor was driven very rash and negligently by the driver of the tractor and due to the aforesaid reason, the accident had occurred on 8th Dec., 1997.

(3.) The appellant filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, (for short the "Act") claiming compensation of Rs. 13,43,000.00 on the ground that due to the injuries received by him, he was admitted at Tili Hospital, Sagar, for the period from 18th Dec., 1997 to 9th Feb., 1998. He was temporarily employed by the Forest Department and his salary was Rs. 1,250.00 and after the accident, he was removed from the service.